employee
Author discusses the legal and methodological problems caused by the presence of the category of “decommissioned weapons” in Russian legislation. The definition of this concept is considered, which involves the technical modification of firearms (bringing the main parts into a condition unsuitable for firing) for a new purpose – use for cultural and educational purposes. The terminological ambiguity of this concept is emphasized and criticized for ignoring the ontological feature of a weapon – its purpose to defeat a target. Special attention is paid to the methodological problems of forensic ballistics related to the examinations of decommissioned weapons. The position of the Forensic Science Center of the Ministry of Internal Affairs of Russia is criticized. It recommends avoiding the wording that the object of research is a decommissioned weapon of a certain model and prescribes classifying it as a firearm that has been rendered defective and unfit for firing, which contradicts the needs of investigative and judicial practice. The internal inconsistency of the methodological approaches of the Forensic Science Center to the examination of decommissioned weapons is noted, including the absurdity of experimental tests on the suitability of its main parts for their intended purpose. The conclusions of the article indicate the need for unification with generally accepted international terminology, the elimination of legal conflicts in domestic regulatory legal acts and the application of a methodological approach to decommissioned weapons, incorporating the provisions of legislation and the tasks of law enforcement.
deactivated weapons, firearms, decommissioned, forensic ballistics examination
1. GOST 28653-2018 «Small arms. Terms of definition» – M.: Gosstandart of Russia, 2018 (In Russ.).
2. Latyshov I.V. Conceptual foundations of forensic ballistics diagnostics: specialty 12.00.12 «Criminalistics; forensic expert activity; operational investigative activity»: dissertation for the degree of Doctor of Law. – Volgograd, 2016. – 475 p. (In Russ.).
3. Korovkin D.S. Problematic issues of research of decommissioned firearms, copies and replicas of antique firearms // Criminalistics and forensic examination: past, present and a look into the future: proceedings of the annual international scientific and practical conference, St. Petersburg, June 01-02, 2017 / St. Petersburg University of the Ministry of Internal Affairs of Russia. – Saint Petersburg: Saint Petersburg University of the Ministry of Internal Affairs of the Russian Federation, 2017. – pp. 8-13. (In Russ.).
4. Zlobin S.G. The genesis and problems of the concept of "decommissioned weapons" used in the legislation of the Russian Federation // Proceedings of Tula State University. Economic and legal sciences. – 2022. – No. 4. – pp. 67-75. – DOIhttps://doi.org/10.24412/2071-6184-2022-4-67-75 (In Russ.).
